Develop a career plan and Disabilities Act passes US Senate

The Staffing View

On business, the workplace and employee relations

_October, 2008

Overhaul of Disabilities Act Passes Senate

The US Senate has passed the ADA Amendments Act of 2008 which seeks to amend the Americans with Disabilities Act in a big way Specifically, it would add several activities and bodily functions to a list that workers could use to show they are substantially limited in the performance of one or more major life activity By showing they have such a limitation, employees can prove that they are entitled to statutory protection under the ADA Workers can also receive ADA protection if they can demonstrate that their employer considered them to be disabled or if they have a record of impairment

The initial language in the ADA did not define major life activities, but the decisions in several court cases did They include walking, standing, sitting, breathing, and working Now those activities are stated in the new act, along with other activities that constitute major life activities, such as performing manual tasks, hearing, eating, sleeping, lifting, bending, speaking, learning, reading, and thinking

It also indicates that if a worker has trouble with certain bodily functions, those functions may be entitled to protection under the amendments act Immune system, digestive, bladder, respiratory and reproductive functions are included on the list That means if an employee is substantially limited in the performance of a major life activity, such as lifting, because of a problem with a bodily function, such as a bladder condition, they may be a “covered” employee Consequently that employee could bring a valid disability discrimination claim against his employer if he had been subject to any adverse action against him because of his condition

The expansion of coverage under the new amendments would counter several cases in which the US Supreme Court significantly narrowed what “disabled” meant Those decisions had prompted many lower courts to throw out ADA claims based on conditions such as diabetes and epilepsy The lower courts ruled that the conditions didn’t substantially limit the aggrieved workers in the performance of major life activities If the new act passes, the courts may see an increase in the number of viable claims brought under the ADA since the number of workers nationwide who would be deemed disabled or regarded by their employers as such may increase

Be prepared to answer more requests for accommodation if the act becomes law It would expand employees’ rights and that means greater employer obligations When a worker requests an accommodation because she suffers from a disability, employers must grant the request if it is reasonable and will not cause undue hardship to the business If you question whether the worker is really disabled under the ADA, err on the side of caution and consult with your attorney before deciding to flat out deny her request

The proposed ADA Amendments Act now goes back to the US House to consider changes the Senate made to the bill Visit GovTrack at http://wwwgovtrackus/congress/billtextxpd?bill=h110-3195 for more on the text of the proposal Also, Fisher & Phillips, a national law firm, has drafted an interactive process questionnaire to help employers comply with their obligations concerning requests for accommodation for a disability (http://wwwlaborlawyerscom/showarticleaspx?ADA-Interactive-Process-Questionnaire&Ref=list&Type=8886&Show=10882)

 

Day One of Your Five-Year Career Plan

There is no crystal ball to tell us where we’ll be in five years But through smart planning and bold decisions, you can set a goal that will help you enjoy a more rewarding career and life outside of work

The first step toward realizing your future most likely will come from assessing your past and your present What do you like about your current situation? What don’t you like? Do you think you’ll be fulfilled doing the things you like now in five years? For example, let’s say you’re a writer for a major daily newspaper You enjoy working the daily beat, but it’s a grind So you’d rather step into a position overseeing junior writers in your department and less on the go Sounds like you might be comfortable taking on a management-type role in the next few years Knowing that simple fact about yourself provides insight into where you really want your career to go

Maybe your vision for five years from now has nothing to do with work You see yourself traveling, parenting as a stay at home mom or dad, or receiving a degree that for years seemed like an elusive goal Work backward from your goal to the present time Unless you’ve got enough money now in the bank to take a year or two off for those goals, most likely you’ll have to continue working, but perhaps in a role that allows you to travel, parent, or study in a manner that you find suitable, such as a telecommuting or consultant-type role

Be honest with yourself about how much financial independence you’ll need to achieve your goals, too If achieving them means that you’ll have to cut back on work in five years, figure out a way to pay down your debts and invest aggressively over the next few years so you can take a pay cut later on

If you’re unsure about where your current job might take you, check out Gig Zig (http://wwwpayscalecom/gigzigaspx), an online resource in which you plug in your current job title and then review a list of the present jobs that people in similar roles to you held five years ago It also includes their current salaries While the crystal ball is far from clear, by taking proactive steps to make your future a reality you’ll make your visibility less murky

 

Forever Young? Job Market Tips for Baby Boomers

Making a career change is almost always a daunting process Add to the mix fears of being discriminated against because of your age or not being able to compete with tech-savvy Millennials, and you could talk yourself out of taking the plunge But shifting your career goals when you hit middle age doesn’t have to be a sink or swim scenario

It’s important for Baby Boomers to recognize that while they may think that finding a job will be more difficult than it is for younger workers, that’s not necessarily the case Age-based discrimination and stereotypes have no place in the workplace Yet they often exist If you run your job search thoughtfully and bring yourself up to speed with today’s technology and resume-writing trends, you’ll be in a better position to compete for something you really want

If you’re worried about appearing “dated” by your resume, update it with a fresh look If you have an objective at the top of your resume, consider swapping it out for a profile, which in recent years has, in many instances, become the norm Also, don’t be afraid of technology, embrace it Social networking sites, such as Linked In and Facebook, can be a great way to reconnect with old colleagues, friends, and acquaintances They are places where you can showcase your talents without overtly tooting your own horn Remember, too, that finding the perfect job often has more to do with who you know than one may think

Next, find your niche market Ask yourself, “What are my specialized interests and qualifications?” Who may have a vested interest in acquiring the skills you can offer Follow that up by deciding how you can set yourself apart from others in the field who may offer similar skills

Next, find your audience Chase down every lead and if you’re turned down, ask the person with whom you’re in contact if they know of anyone else in that niche who might need your assistance By honing in on one niche at a time, you’re more likely to obtain some name recognition than if you were to apply for positions across many sectors

Amid the economic downturn, now may be the time to think beyond traditional 9 to 5 options Consider starting your own business by doing something you love Explore an industry that’s experiencing a shortage of workers, such as the health-care sector Go back to school for a certification or degree you’ve wanted to pursue for a long time If you’re considering going back to school or exiting office life in general, don’t underestimate your ability to work as a consultant Employers may be leery to hire new employees because of these tough economic times, but they may be receptive to working with experienced, competent professionals on a contract and/or consulting basis Consulting is a great way to define your work goals and terms You can generally make your own schedule and set the parameters for your duties And, that means you’ll most likely have the flexibility to pursue those other sought-after goals simultaneously

Regardless of the path you choose, use your age as a selling point Don’t think of your age as a number, think of it as a means from which you can demonstrate your longevity in the marketplace and your ability to adapt to employers’ changing needs Ridding the workplace of age-based bias altogether may not be an option But by presenting yourself as a vibrant, confident, and well-rounded candidate, you’ll be in a better position to land your perfect gig—whatever it may be

 

Show Your Stuff

For months economists have been saying we’re on the edge of a recession and after the recent turmoil on Wall Street, the dire predictions have only gotten worse So where does that leave you, the worker? Whether entry level or upper management, employees should be taking steps to avoid the blade when companies start cutting costs – ie jobs Here are some suggestions that might help you stick around

Show your work This is no time for modesty You might think your work speaks for itself, but your bosses may not be listening Make them aware of your contributions and confirm your value

Network in-house Get to know the higher ups in your company Volunteer for projects if you can Allies in important places will keep you in mind when positions are being eliminated

Be flexible You may be very good at what you do, but cost-cutting companies like versatile employees Be willing to take on new tasks Look for other areas where your expertise can contribute or step in to holes created by other departures

Be a leader Company moral takes a hit whenever layoffs occur Are you going to grouse about what you can’t change or help make the best of a difficult time?

Make your coworkers customers Give 110 percent to every job and every interaction with your colleagues Make the other employees in your office or shop notice your value

Pitch In The economy is down, revenues are slowing and the company is shaving expenses Got any ideas? Now might be a good time to offer those efficiency suggestions you thought of when business was booming